Dear Sir, M’m
How to issue summon under sec 138(NIA)
The fact of the matter is that our client received cheque of Rs.3,00,000 from the party. The cheque was dishonored by the bank and having endorsement that account is closed. At the time of issuing the cheque, the account was not closed but at the time of depositing the said cheque with the bank the party’s account was closed. Now party is not traceable. The party left the town. We inquired about his whereabouts but address is found but he is not living there. PlZ. let me know how V should proceed further.
If it is convenient to u pl. inform us immediately.
my criminal complaint was dismissed and accused were aquitted after trial by judicial magistratr I class Narwana(Haryana)Now i want to file crl appeal against this order whether my crl appeal is maintainable in the court of sessions judge or i have to moved directly before Highcourt. Plz enlighten me. Thanku
IN ONE OF MY CASES,ALLEGATION WAS THAT ACCUSED ISSUED ANOTHER PERSON"S CHEQUE TO THE COMPLAINANT IN DISCHARGE OF A DEBT AND HENCE COMMITTED AN OFFENCE OF CHEATING.BUT , COMPLAINT WAS FILED U/S 138 OF NI ACT AND THE TRIAL COURT CONVICTED THE ACCUSED U/S 138 NI ACT.IN THE APPELLATE COURT, MY CONTENTION THAT OFFENCE OF 138 WILL NOT LIE WAS ACCEPTED.BUT THE RESPONDENT ARGUED THAT , EVENIF, 138 WILLNOT LIE, COURT CAN ALTER CHARGE U/S 222(1) OF CRPC FROM, 138 NI ACT TO 420 IPC.
WHETHER ALTERATION OF CHARGE CAN BE DONE AT ANY STAGE ? EVEN AT APPELLATE STAGE ?
PLS ADVISE ME
facts of my case is that 3 persons were found transporting indian made foreign licquior from pondichery state to kerala state in an auto-riksha.
accused no. 1and 2 were passengers sitting in the back seat carrying the entire contra- band articles.nothing was recovered from the possession of a 3 (driver).excise officals also admitted that they have not seen driver helping the passengers to put the mo in to his auto also.
I AM FOR A 3(AUTO DRIVER) ONLY.
IN THIS CASE, EVEN IF THE ENTIRE PROSECUTION CASE IS ADMITTED, IS IT NOT A3 ENTITLED TO ACQUITTAL ?
I AM TOLD THAT SUPREME COURT HAS MADE THIS POSITION CLEAR IN 1967 STATING THAT IN SUCH CASES PROSECUTION HAS TO PROVE THAT MOS WERE TRANSPORTED WITH THE KNOWLEDGE AND CONNIVANCE OF DRIVER ALSO.OTHERWISE, DRIVER IS NOT LIABLE.
ANYBODY, HAVING THAT PARTICULAR RULING/ ANY OTHER LATEST RULING, REPORTED IN AIR,CRIMINAL LAW JOURNAL. KLT, KLD,
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TWO PERSONS STOOD AS SURETY FOR AN ACCSUED, PRODUCING THEIR LAND TAXPAID RECEIPT , ALLEGED TO HAVE BEEN ISSUED BY CONCERNED VILLAGE OFFICER.
BUT ON VERIFICATION, MAGISTRATE CAME TO KNOW THAT SURETIES ARE FAKE....THEY HAVE NO LANDED PROPERTIES....TAX PAID RECEIPT
IS A FORGED DOCUMENT.SO, MAGISTRATE TOOK CAse u/s 463 471 475 ipc by handing over acomplaint to police u/s 190 crpc.
now the same court is trying the matter and magistrate himself was examined as pw1
......fortunately he was transfered by that time ! is it an illegality ?
what is 340 crpc and 195 crpc ?
non--transfering of case to another court will vitiate the trail?
any citations ?